· 2/22/2018
Roseberry-Andrews v. Wilson
Citations
- 292 F. Supp. 3d 446
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- ruling that where the defendant went ahead after the court advised the guilty plea could result in his deportation, there was no evidence of prejudice
- holding that where deportation is not mandatory, \counsel must highlight for noncitizen clients that entering a guilty plea will place them at risk of removal\
- holding that, prior to Nuñez-Valdéz, \it was hardly revolutionary under New Jersey law that an attorney could not actually give wrong or inaccurate information about immigration consequences of a guilty plea without risking an assertion of having provided ineffective assistance\
- stating that “Padilla involved no simple application of the well-established Strickland rule to a new set of facts”
- determining that Padilla does not “reach the heights required for a ‘watershed’ rule” under Te ague
- holding the United State Supreme Court's ruling that defense counsel must advise clients of immigration consequences of pleading guilty was not to be applied retroactively
Source: CourtListener parenthetical corpus (CC0).
Judges: Kelly
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.